September 11, 2008

1. Roadmap to Recovery Meeting 19:
Roadmap to Recovery Meeting 19:
Sept. 11, 2008
Sept. 11, 2008
Protecting Your Legal Rights at the
Protecting Your Legal Rights at the
One Year Anniversary
One Year Anniversary
Rancho Bernardo Community Presbyterian Church
Rancho Bernardo Community Presbyterian Church
Karen Reimus, Esq.
www.unitedpolicyholders.org

2. We remember 9/11/01

3. Upcoming Schedule
October 2nd: Break-out session
October 13th: Supper and evening program
at RBCPC commemorating the 1 year
anniversary
November 6th: Road to Recovery Presentation

4. PBS Program on Underinsurance

5. Fine print:
The information provided in this program is
intended for general educational purposes only.
It should not be construed as legal advice
The speakers at today’s program are
volunteering their time as educators
Neither United Policyholders nor the Rancho
Bernardo Community Presbyterian Church
endorse or warrant the quality or services of any
volunteer speakers.

6. Our heartfelt thanks to:
The Rancho Bernardo Community
Presbyterian Church
RBCPC Fire Recovery Ministry
All our UP Mentors and Sponsors
The speakers at tonight’s meeting

7. Gregory L. Bentley, Esq.
Partner - Shernoff, Bidart, Darras and Echevarria:
A law firm that represents policyholders in resolving
insurance coverage and claim disputes
15 years experience successfully litigating many cases,
including insurance bad faith, denial of HMO coverage, fire
loss, art theft, wrongful death & personal injury matters
Has successfully tried over 20 cases to verdict with
8 settlements and verdicts of over $1 million dollars
Counseled and represented many 2003 wildfire survivors
who were underinsured
Partner Ricardo Echevarria won one of the only 2003
underinsurance cases to go through a
full trial to a jury verdict

8. Roadmap to Recovery Meeting 19:
Roadmap to Recovery Meeting 19:
Sept. 11, 2008
Sept. 11, 2008
Protecting Your Legal Rights at the One
Protecting Your Legal Rights at the One
Year Anniversary
Year Anniversary
Rancho Bernardo Community Presbyterian Church
Rancho Bernardo Community Presbyterian Church
Amy Bach, Esq.
www.unitedpolicyholders.org

9. Preserving your legal rights before the one
year anniversary
Many insurance companies have a provision labeled
“Suit Against Us” that says you have ONE year to file a
lawsuit relating to your claim under the policy
Some states have laws that override this provision
You can protect your right to file a lawsuit by sending
your insurance company a simple letter before the
one year anniversary mark.

10. What if I’m not planning on suing my insurer?
Even if you are not planning on suing your
insurer, it important to protect your right to do so
Once you lose your right to sue, you lose
virtually all leverage to get an insurer to make
further payments on a claim.

11. “Statutes of Limitations”
a.k.a. Deadlines
In every state there are laws called “Statutes of
Limitations” that set deadlines for filing lawsuits
Depending on the event, the deadline may be
one, two, three or more years…
Once the deadline passes, you lose your right to
sue.

12. More on…“Statutes of Limitations”
If your deadline passes you lose your right to
sue, unless you’re able to persuade a Judge to
make an exception
However, Judges generally enforce these
deadlines
Some contracts, including insurance policies,
contain their own deadlines

13. WHY the deadlines?
To encourage people to promptly resolve
disputes and to keep evidence fresh.

14. What if the state law deadlines and the
insurance policy deadlines are different?
If state law gives you more than a year, that law
rules
Otherwise, the one year deadline in your policy
will apply
CA. law requires your insurer to notify you
60 days before a statutory or contract suit
limitation runs out

15. HOW to stop the clock
Your Insurer will usually extend the
lawsuit deadline if…
You ask in writing to extend the lawsuit
deadline AND give a good reason
The Insurance Commissioners office tells
them they should.

16. HOW to stop the clock in California
California, among other states, have “case laws”
(laws made up by judges) that stop the deadline
clock ticking while your claim is being adjusted.
Instead of having a year from the date of the fire,
you have a year from the date your insurance
claim is closed or denied
This is called “Tolling.” The lawsuit deadline is
being “tolled” while your claim is being adjusted.

17. Back to the letter…what’s in it?
(see sample letter)
You are writing your insurance company to
confirm your understanding that:
Your claim is still open and being processed.
Your insurer will not be enforcing any lawsuit
limitation provision in the policy until a year after it
has closed your claim.
Your insurer will notify you in writing when they
close your claim and/or pay all they intend to pay.,

18. How to send the letter
Send it certified.
Request a return receipt.
Make a copy and keep it in a safe place where
you will be able to find it in the future.
Even if they don’t respond, you’ve got a written
record.
To be extra safe, send copies via e-mail and fax
as well.

19. Learn the laws
To learn more about the laws, consult a
policyholder attorney
Use United Policyholders “find help”
section as a starting point
www.uphelp.org

20. Education = Money
We are approaching the one-year anniversary of
the event that caused a loss for which you have
filed an insurance claim
To be sure you don’t lose the leverage you need
to enforce your rights to a fair settlement,
Write a simple letter to preserve your rights

21. For More Information:
Visit UP’s website and search for more
claim tips, articles and helpful info at:
www.uphelp.org

23. The City Attorney’s Office Investigation
The San Diego City Attorney’s Office is undertaking an
investigation into alleged overcharging by two demolition
contractors hired by the City of San Diego to clear land of
victims of the wildfires in 2007.
The Attorney’s Office is seeking to speak to individuals
who were victims of the wildfires and who have hired
contractors – either through the City program or a private
demolition contractor – to talk about their experience.
All information discussed will remain confidential.
Contact Kevin Christensen, an Investigator for the
City Attorney’s Office. Kevin can be reached at
(619) 533-6573 or at kchristensen@sandiego.gov.

24. Upcoming Schedule
October 2nd: Break-out session
October 13th: Supper and evening program
at RBCPC commemorating the 1 year
anniversary
November 6th: Road to Recovery Presentation

25. Break Out Sessions
Groups will meet here in the Sanctuary